USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions
Key Takeaways Effective immediately, the USPTO will consider whether a patent challenger’s accused products or a patent owner’s products are manufactured in the United States as additional factors in the...
USPTO’s Supplemental Guidance on Design Patents for Computer-Generated Interfaces and Icons
Key Takeaway: The USPTO has revised its design patent guidance to better reflect evolving digital interface technologies, including projections and augmented or virtual reality environments. The updated guidance provides design...
Corresponding Structure for a Means-Plus-Function Limitation Need Only Perform the Claimed Function, Not Other Unclaimed Functions
Richard Gramm, et al. v. Deere & Company Before Lourie, Reyna, and Cunningham. Appeal from the United States District Court for the Southern District of Iowa Summary: Disclosure of an additional function...
Conflict of Interest Does Not Automatically Extinguish Attorney-Client Privilege
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v. GEN DIGITAL INC.; QUINN EMANUEL URQUHART & SULLIVAN, LLP Before Dyk, Prost, and Reyna. Appeal from the United...
Software Claims Failed Alice Step One Where Purported Improvements Were Not Claimed
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Before Dyk, Prost, and Reyna. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Software claims were directed...
IP Considerations Following FDA Announcement on Flexibility for Cell and Gene Therapies
Key Takeaways: Manufacturing processes of cell and gene therapies (CGTs) may remain fluid well into development and even after FDA approval, and therefore sponsors of CGTs may benefit from patent...
War in Iran Spotlights Innovation for Missile Interception Startups
Key Takeaways: The war in Iran is likely to accelerate innovation for defense technology companies. Innovation is particularly needed to develop low-cost missile interception technology. While established defense technology companies...
Sheila Swaroop Comments on USPTO Memo on U.S. Manufacturing Factors in AIA Reviews
In the Law360 article “Manufacturing Factor Adds More New Twists to AIA Cases,” Knobbe Martens partner Sheila Swaroop weighed in on the U.S. Patent & Trademark Office’s latest memo regarding...
Knobbe Martens Guides Edwards Lifesciences to Complete Victory in Patent Infringement Dispute
IRVINE, Calif., March 16, 2026 – A team from Knobbe Martens secured a complete defensive victory for Edwards Lifesciences in a patent dispute with Aortic Innovations involving Edwards’ lifesaving transcatheter...
PTAB Update | February 2026
Challenged Director-To-PTAB Instructions Did Not Require Notice-And-Comment Rulemaking Ari Feinstein & Jacob S. Etling Challenged instructions that the PTO’s Director gave to the PTAB regarding discretionary denial of inter partes...
Wu-Tang Style – Can Music Be a Trade Secret?
Key Takeaway: Due to the unique release of the Wu-Tang Clan album Once Upon a Time in Shaolin, a federal district court in the Second Circuit has ruled that the...
New FDA Guidance Allows Biosimilar Applicants to Use Data From Outside the U.S. To Accelerate Their Approval in the U.S.
Key Takeaway: New FDA guidance released on February 23, 2026, and March 9, 2026, signals a continued shift toward regulatory flexibility aimed at accelerating approval of biosimilar treatments for rare...
USPTO Joins DOJ in Supporting Permanent Injunctions for NPEs
Key Takeaway: The U.S. Patent and Trademark Office doubles down on its current pro-patentee stance by filing a statement of interest in district court, arguing that permanent injunctions should be...
AI and Genomics: A New Era of Personalized Medicine
Key Takeaway: Advances in AI and genomic analysis will allow medical providers to tailor treatment for individual patients at the genome level, but challenges exist for protecting AI-assisted inventions. Genomic...
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Key Takeaway: The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of...
Proposed UAH-ASKA Agreement for Drive-And-Fly Aircraft: IP Ownership Issues in Joint Development and Public-Private Partnerships
Key Takeaways: The University of Alabama in Huntsville (UAH) and aerospace company ASKA have agreed to explore collaboration on a drive-and-fly aircraft. The proposed joint development exemplifies the need for...
How Ignoring Disclosed Structure Can Derail a Means-Plus-Function Case
GENUINE ENABLING TECHNOLOGY LLC v. SONY GROUP CORPORATION Before Dyk, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit affirmed summary judgment...
Bloomberg Law Quotes Stephen Larson on Intersection of Antitrust and IP Litigation
In the Bloomberg Law article “Quince Antitrust Row Over Ugg IP Suits Must Navigate Free Speech,” Knobbe Martens antitrust partner Stephen Larson offered insights on how brands’ IP enforcement strategies...
Knobbe Martens Shortlisted in Multiple Categories for 2026 Life Sciences Patent Network Awards
IRVINE, Calif., March 5, 2026 – Highlighting its strength in the life sciences industry, Knobbe Martens is pleased to share that the firm is shortlisted in multiple categories for the...
The Credibility of Experts Is in the Province of the Jury
WILLIS ELECTRIC CO., LTD. v. POLYGROUP LTD. (MACAO COMMERCIAL OFFSHORE) Before Moore, Stark, and Oetken (sitting by designation). Appeal from the United States District Court for the District of Minnesota....
Charlene Azema Comments on Trademark Office Backlog Reduction and Pendency Trends in Law360
In the Law360 article “Squires And Stewart’s Trademark Office, By The Numbers,” Knobbe Martens’ Trademark and Brand Protection Co-Chair Charlene Azema shared her perspective on recent initiatives at the U.S....
